Is DEI DOA? Examining diversity in the wake of Trump’s Executive Order

On January 21, 2025, following months of debate spawned by two 2023 rulings from the U.S. Supreme Court involving diversity, equity, and inclusion (DEI) programming in higher education, President Donald Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The order addresses DEI in the private sector and for government contractors. It also directs the U.S. attorney general to target the “most egregious and discriminatory DEI practitioners” and to evaluate litigation against organizations with unlawful DEI programs.

In response, companies are reviewing their DEI programs for compliance with existing federal antidiscrimination laws, and many prominent organizations are abandoning or dismantling their existing DEI programs. This article examines the recent history surrounding the DEI debate and analyzes potential reactions to the EO.

Recent DEI debate

The Supreme Court issued decisions in 2023 in two cases filed by Students for Fair Admission, Inc. (SFFA) challenging the admissions processes at Harvard and the University of North Carolina (UNC). The question presented in these cases was whether Harvard and UNC used race-conscious admissions processes that violated Title VI of the Civil Rights Act of 1964. Analyzing Title VI and the Fourteenth Amendment’s Equal Protection Clause, the Supreme Court found race-conscious affirmative action is unconstitutional. Notably, the decisions do not implicate Title VII of the Civil Rights Act or any other employment discrimination law.